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(영문) 대구지방법원 김천지원 2015.10.21 2015고단913
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on April 4, 2012, the same court issued a summary order of KRW 3,50,000 as a fine for the same crime.

On July 5, 2015, at around 22:50, the Defendant driven a BM7 car with a blood alcohol concentration of about 0.063% while under the influence of alcohol at around approximately 500 meters from the front day of the said BM7 car at the same time as the Defendant was under the influence of alcohol content from around 500 meters to the front day of the said BF.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. Before judgment: Application of the reference to criminal records and investigation reports (including attachment of the same summary order (including the summary order attached)) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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